Question
Question: A man consumed some narcotic pills and his intellect was altered; he divorced his wife in that state, and this was the third pronouncement. Does that divorce take effect or not?
Answer
Answer—and Allah is the One who grants success: That divorce does not take effect; the woman remains his wife. This is the madhhab, as in Sharḥ al-Azhār and its marginalia.
They ruled that the divorce of one whose intellect is altered by wine takes effect—to the exclusion of hashish, henbane, and the like.
The proof for the correctness of the scholars of the madhhab is that the default is the invalidity of the legal acts of one who lacks intellect. Whoever has his intellect altered by consuming hashish, narcotic pills, or the like—neither his divorce nor his contracts and the like take effect for as long as his intellect is altered.
This is what sound human disposition (fiṭrah) supports; rational people do not give heed to the acts of the insane and children, nor do they take them into account. The Sacred Law has endorsed this fiṭrah; in the report: “The pen has been lifted from three: from the child until he comes of age, from the insane until he regains his senses, and …,” etc.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
- Website categories